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Condo owner feels ill-treated by association board. What can he do?

  
  
  
  
  
I own a condo in Washington DC. My condo board association members are very rude, short with me whenever I ask of assistance from them. They say things such as "well, this is a free position and if you don't like how fast we respond, maybe you can run for the board next time". I really feel discriminated against based on race and religion and my question to you all is which agency in Washington DC handles complaints of this nature. Thank you, A
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Each state in goverened differently, however you shuoud check with the DCA (Department of Community Affairs) for some assistance. Also, the organization CAI (Community Associations Institute) is a National organization that offers a wide range of programs, professional service providers and education for the industry. Washing DC has one of the largest chapters. I serve on the CAI-NJ Editorial Committee which publishes articles for the local chapter here in NJ in their monthly trade magazine. You can visit their National Website atwww.caionline.org for more helpful information on a national level and local level for your area.
Posted @ Sunday, April 10, 2011 6:54 AM by Edward S. Frank
I don't like the tone of the comment; however I detect no racial slur. Perhaps you shouldn't wear your race and religion on your sleeve. Any time someone is uncivil toward you doesn't mean its a racial slur! 
 
Are you the only member they are rude to or is this their tone with everyone?What kind of "assistance" are you asking of the BOD and how long did it take them to respond? If you feel there are other members more qualified to sit on the BOD then lobby to have these board members unseated in the next election. As long as the members put up with rude board members then they are contributing to the problem.
Posted @ Sunday, April 10, 2011 8:34 AM by mary
Interesting.  
 
 
 
Why would you go to race or any other factor regarding your board's actions except they treated you rudly? Perhaps your requests are not in line with what your association provides. Perhaps you should run for the board at the next election.  
 
 
 
I too live in a condo. I find many are critical. Few are willing to serve. Most don't vote. If the rules aren't working, work to change them. It's not that hard. Be an expert on your condo's by-laws and your state's regulation regarding condos. That way you can stop compaining about abstract issues and be direct and specific to the rules and state statutes. That's how you gain RESPECT.  
 
 
 
Time to be an adult and do the right thing. Learn and volunteer for service.
Posted @ Sunday, April 10, 2011 8:37 AM by Larry Weiss, Florida
There seems to be a common thread to many of the complaints about condo boards and board members. 
 
While there may be some justification, many seem to feel that the boards should take care of all problems, but we should not have to pay more. 
 
A common feeling is "I own my unit but the Assosiation should pay to solve my problems." 
 
Condo ownweship is not the same as renting where the landlord collects the rent and is responsible to maintain the property. 
 
We all have to become more informed about the operation, upkeep, and financial aspects of ownership, and become more involved in our communities.
Posted @ Sunday, April 10, 2011 9:32 AM by Mel
Sounds as if you've put the rude board member on the defensive. Tnstead of letting you know the board cannot help or do not have an answer they use this tactic so it comes back as something you are doing wrong. Remember just because someone serves on a board doesn't mean they would have the skills necessary for the job of leadership. Maybe a different approach by you. And I have been there--done that so I know how fustrating this can be.
Posted @ Sunday, April 10, 2011 9:36 AM by Marilyn
Please do not think you are being discriminated against because of race and religion. I am 3rd generation American and white and I have received such harassment from the HOA who is also white. These HOA's given a little bit of power are bring out all the most horrible things in their spirit. Best thing with people like this is to move.
Posted @ Sunday, April 10, 2011 9:41 AM by Chilly
I have served on homeowners and condo Boards. I have done a few projects for the association. Most of the owners in my Association have never attended a meeting and have little knowledge of the rules, by-laws or state statutes. There are a few owners that treat the board like a high paid employee instead of volunteers trying to give back to their community.  
 
If you have specific complaints, put it in writing and make SPECIFIC referance to a state statute, by-law or rule. If you are not specific, the board may not give you the respect you assume is yours. RESPECT is mutual. I find you usually get what you give.  
 
If the Board is not responsive after stating a reasonable case and the rule or statute, it may be time to hire an attorney or contact the state agency that regulates condos in your state.  
 
 
 
Knowledge is the key. Be aware of what services are due rather what you think the community owes you. This is your home. As an owner, you too have responsibilities.  
 
Posted @ Sunday, April 10, 2011 10:41 AM by Larry Weiss
Hello, A, 
I am the eighth person responding to your question that asks," I own a condo in Washington DC. My condo board association members are very rude, short with me whenever I ask of assistance from them. They say things such as "well, this is a free position and if you don't like how fast we respond, maybe you can run for the board next time". I really feel discriminated against based on race and religion and my question to you all is which agency in Washington DC handles complaints of this nature. Thank you.A" 
 
Please search your computer (internet)with "Washington DC, Federal Fair Employment and Housing 
Act Department" and also search with words,"Denial of service, privilege, advantage, facilities on account of perceived race, age, ancestry,level of income,  
disability".  
Please also note the loss suffered by you may be shared by the association (See similar law in California Civil Code sec. 91.5.b."Association and corporations are persons for the purpose of civil rights law), such as denial of privilege and service of a homeowners association in maintaining accurate book account in according to generally accepted accounting principles or denial of fair election by secret ballot (Facilities of ballot box and polling station not provided) is a discrimination against you and causing loss to you and the Association. 
Be sure to check with a licensed attorney in your area or a nonprofit legal aid service for further information besides your own searching the web for legal information. You must be empowered by yourself and your own will. 
 
Sincerely, 
BETP Inc. California
Posted @ Sunday, April 10, 2011 2:56 PM by BETP Inc
I am the eighth person to respond. I have read the replies of the previous seven.Most of the answers except one, are very general and too full of common sense to be realistic. 
There are two major hindrances that foster oppression and corruption, making victimization of condo members very easy for the board to get away with, occurring in condominium government. as in 1-2. 
(1) BURDEN OF PROOF The board uses the common defensive words, saying," How do you prove that I discriminate you on account of race and religion? I never admit that. You must prove it." That saying is wrong in law. If you read the civil right law, you will see the word "Based on perceived race, ancestry, religion, etc." It only require "Apparent" observation of "Traits". If so, the burden of proof is shifted to the offender to acted out the rudeness or wrongfulness or economic victimization (graft and theft of common fund, for example). Similar trust law also shifts the burden of proof to the accused to prove the accused trustee has acted honestly and fairly. The conventional wisdom of requiring proof is out of step with civil rights law and trust law. Ask a lawyer to verify my point. 
 
(2)LIABILITY OF VOLUNTEER DIRECTORS Conventional wisdom says a director is immune from liability as a director for serving as a volunteer director. I hope you people will agree with me that it is also a common sense to say that lack of ability and acting substandard is not "Right" of the volunteer director but a "Disability". Same as one holding a gun or one holding other people's purse with 10,000 dollars in it. What if the gun holder said he has not the knowledge and have not been trained to fire a gun? What if the purse holder is without any moral and self-help with the money? Can the gun firer and self-helper say he or she does not have experience in firing a gun or has not been told its is not her or his money? I am sure you can answer that. The answer is "Disability is not a right. There is not immunity for being substandard and disabled if the gun is fired at a living person or animal, or if the money is entrusted to one. That "Immunity of volunteer director" does not exist in law. Look at the corporations code of your state under "Liability of volunteer officers and directors" (e.g. California corporations code). Or check with an attorney of your state. You do not have to believe me. Find out yourself. 
One out of 5 American live under the "Common sense rule" of the condo government. It will get worse and not better if such "Conventional wisdom" that volunteer directors have "Rights" to be substandard and to do harm to members by abuse of power and by not providing books and records in accordance with accounting principles resulting in theft of funds.
Posted @ Sunday, April 10, 2011 3:41 PM by BETP Inc
Many thanks All for taking the time and responding to my inquiry. I appreciate each and everyone of you of providing me with feedback
Posted @ Monday, April 11, 2011 1:27 PM by A
A MEMBER OF THE PROPERTY MANAGEMENT TEAM SAID TO ME," I HATE DEALING WITH A SMART ASS LIKE YOU. I WROTE A LETTER TO HIS EMPLOYER AND TO THE PRESIDENT OF OUR bOARD OF DIRECTORS, NEITHER RESPONDED. wHAT WOULD Be tHE PROPER ACTION FOR ME TO TAKE. i REALLY WASN'T ACTING LIKE A SMART ASS,I JUST KEPT ASKING FOLLOW UP QUESTIONS REGARDING A PROBLEM.
Posted @ Tuesday, April 19, 2011 1:37 PM by Dom Tomasso
I am faced with the same problem because board does not wish to answer me. I live in SC and have found out there is nothing I can do. We elected these jerks to the board and they have all the power. OUTRAGEOUS!!!! In theory having an HOA sounds good but we need people who care about their community instead of stroking their egos. I called the ombudsman for our state and was told its a civil matter and I need to hire an attorney. I'm on a fixed income and do not have extra funds to do this. Good luck to you.
Posted @ Tuesday, April 19, 2011 3:12 PM by marilyn
Hello, A, 
 
Your question is: 
"I own a condo in Washington DC. My condo board association members are very rude, short with me whenever I ask of assistance from them. They say things such as "well, this is a free position and if you don't like how fast we respond, maybe you can run for the board next time". I really feel discriminated against based on race and religion and my question to you all is which agency in Washington DC handles complaints of this nature. Thank you, A " 
 
My answer is: 
" Please search the Internet or the Google.com with 'South Carolina Horizontal Property Act" (Horizontal Property is condominium association). I think the Act's Section 27-31-10 says that the condo association must have CC&R and Bylaw that is not too different from the standard forms in that Act. 
As to your problem of non-responsive board, you can go to the law library owned by the county or a court house to ask a librarian about a court form called "Injunction" or another one called "Administrative Mandamus" in one of those law practice reference volumes. In the form, you fill in what factual matters that you want to complain and say that you ask the court to order the board to comply with that Act's Sec.27-52-110(1) which is about a required HEARING PANEL. The Act requires your condo association to create a group of homeowners to sit as a panel to hear your complaint. No board members can serve in that panel. I think your state's law is better than my state which has a different set up called the "Mandatory Meet and Confer" under California Civil Code sec. 1363.840. 
Although we live in a democratic country, must of our internal social structures are behind in that due to lack of education and cynicism. That makes American society socially backward and oppressive no different than other parts of the world.  
You be sure to fight for your right and make a difference for you and for your society. 
 
Sincerely, 
BETP Inc.(Cal.) 
 
Posted @ Tuesday, April 19, 2011 11:35 PM by BETP Inc
I live in a condo, my board has a work station under my condo, I can hear them working down there, I cannot sit downstairs because I hear the sawing, hammering, etc. what can I do any suggestions
Posted @ Friday, May 13, 2011 10:09 AM by RJ
What kind of a "work station" is this that there is constant sawing, hammering, etc?  
Thoroughly check your CCRs to find out if there is a clause that addresses noise from adjoining,upstairs, downstairs units. There may be a requirement for carpeted floors or soundproof walls. Did the board have this "work station" when you purchased your unit? If so, were you told about it?
Posted @ Friday, May 13, 2011 1:00 PM by mary
I like to know why our Board Members and our Property Management Co. Can stop from giving us the paper that we need to get a Reserve Mortgage on our unit. I'm 64 years old so how come they can stop us from the paper we need. This is been going on for three months Thanks
Posted @ Thursday, March 15, 2012 10:01 PM by Edwin Stein
What paper do you need and what excuse do they give you for the delay?
Posted @ Friday, March 16, 2012 3:00 PM by mary
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